Wednesday, December 21, 2005

Tensile


We're glimpsing the divide
These Christmas days of '05
Watching children freeze to death
In Pakistan, where their world collapsed
Just like the Anasazi, I imagine
Watching the Colorado trickle mud, and
Climbing out a long goodbye to their beautiful
Rocks. The criminal agriculture
As tempting as the nicest deep sweet hit,
Foots poetry and music and all art
If not pure love itself--that would be too cruel.

And the fearful tribal leader on the screen
Hands jerking, makes his case for what he does
Protecting us all from some barbarian's suicide attack
By sprinkles of bitter secret indiscretions:
Better some Arabian pain, or yours, than
Some jerked on blue dress, to come down to it.

And all for a bit more time, to sing a song
To poetize or watch the NFL or buy a new doodah
While the Yankee Dollah still has
Meaning. Because the polar bears are
Drowning even as we natter on and on,
As brave as Himalayan children with their feet in rags.
Yet have you noticed that the apples
Are as beautiful as they have ever been.
How is it possible? Only whisper that seditious question
As we are informed: they listen.

--Bill Hicks, 12/21/05 (photo courtesy of www.terhuneorchards.com)

Tuesday, December 20, 2005

Seasons Greetings and Happy Holidays

It's no wonder the Administration wanders lost in the desert as this world creaks towards 2006, when the guy who's third in line to be President, the Right Honorable Denny Hastert, R of Illinois, has made a stand about calling this year's Capitol tree a by gawd Christmas Tree rather than, say, a Holiday Tree, or whatever else people might decide to call the poor dead sacrifice to the gods of winter. Hey, I'm fine with "Christmas Tree." Libby and I are going out to the old pasture this week, and I'll crank the Poulan up and saw down a little seven foot cedar, just like we did last year. Then we'll get out the lights and the stand and the shiny balls and stuff and decorate her up, and put some presents underneath, and sit by the wood stove and sip some scotch and some eggnog. We'll also watch some football, and some videos, go to Jim Watson's Cave Christmas show (20th year I think it is Watson has played this gig), drive over to see the folks, look at Orion the Hunter climb up over the horizon from the East. It's a Christmas Tree to us. We live in the woods, and I'll even go out and put some Christmas balls on the trees here and there, where you might spot them driving down the driveway. Last year I started decorating the pole where we had a mailbox till the kids knocked the box off with a bat or something one too many times. Now it's just the pole with our number on it. So we have a Christmas Tree and a Christmas woods and a Christmas Pole.

I just don't get what the big deal is with all this hullabaloo about how there's some sort of "liberal attack" on Christmas. Is this a religious worry? It sounds like it. It sounds like another one of these deals like the "homosexual agenda's attack on marriage" which is just confounding groups like Focus on the Family and our President. Forget that a marriage is a very singular thing, and that what someone else does with theirs doesn't affect in the least what Libby and I do with ours. It's also a bit like the Prayer in the Schools deal. No one has banned prayer in the schools. Anyone can pray anytime they want. I hope they do. So fine if Denny Hastert passes a resolution that the big dead tree out there in the rotunda is a Christmas Tree. We already knew that. It's also a Holiday Tree. Christmas is a holiday after all. Some people go to work on holidays, by the way. That's the deal with holidays, you can't make someone have a holiday, because then it wouldn't exactly be a holiday would it?

And on the other hand, there ain't no Christmas Tree in the Bible, nowhere. Also, Jesus wasn't born on December 25th. The early Christians were living in a world where there were plenty of religious holidays and celebrations, and they thought that on the one hand, if they celebrated what they wanted to celebrate on some of these same existing holidays, well maybe people who thought they were a pain might just not notice them and leave them alone. And on the other hand, they also thought that if they mixed some of the old religion in with their new religion, well maybe some of the other folks might join up with them.

So for example, when the Norse people sacrificed an evergreen tree every year to the god of winter, a kind of gift to insure that spring would eventually come again, well that looked good to the Christians and so they started putting up trees in their huts too. And maybe they figured a little insurance with the god of winter might actually help too. Couldn't hurt, could it?

So now it's a Christmas Tree. There's the other thing people say too--that the gift deal, that paroxysm of spending we go through every year (the present Walmart is eagerly awaiting)--these gifts all symbolize the gift humanity got in Jesus. "God so loved the world that he gave his only begotten son..." And the Wise Men did bring gifts, didn't they? Maybe the crucifixion is symbolized in the sacrifice of each tree, except when you start talking about "symbolizing" aren't you getting away from the other thing about these right wing worriers, which is their dogma of literalism in all things biblical? I mean I like the poetry of the biblical dialectic: we start off in the way early mythic days with Abraham almost sacrificing his son, then we expand that idea to where Father God actually does sacrifice his son, and finally we come to the present moment, where we all symbolically sacrifice trees. And then spring comes again! The Jehovah's Witnesses, on the other hand, just watch all this sparkly stuff and shake their heads and do not participate. It might piss Walmart off, but there's some real integrity in that, and they're not getting on me for having a Christmas Pole.

These days we're all seeing ads for some mighty big gifts. I'm thinking of the pretty silver cars with gigantic ribbons on them, or the red tag guy turned into a ribbon. Maybe we're still trying to insure that the sun will come back. Give your baby a convertible. But if we look a little deeper, it's all those cars that are insuring that one of these days it's never going to get cold enough to kill the first skeeter. How's that for a strange twist. That old Norse tree thing may end up contributing to a shopping spree that turns off the Gulf Stream and chills out Northern Europe to the temperature of Siberia. Meanwhile, the nearest beach to where I live will move some 100 miles inland, and we'll have to keep that ragtop rolled up just to keep our heads from mutating into carcinomic splendor. Some places spring won't leave; others it won't come back.

Maybe this year I'll have one extra splash to bring in '06. We might get some more intelligent folks into the Congress in '06, and who knows what might happen once that happens. Gawd knows the Republican winter has got to break soon, doesn't it? Happy Holidays.

--Bill Hicks

Tuesday, November 15, 2005

You're Doing a Heck of a Job, Brownie

The Empty Suit problem we face as a country is not readily apparent during elections. It is nonetheless a deep and dangerous problem, and probably as much for the GOP, who have been engaging this strategy for decades, as for all of us who live at the mercy of those who hold the reins of power.

Understanding the temptation itself is easy enough. The GOP festered for decades as a minority party, in power but not quite with power, endless coitus interruptus, which for the powerful, the power hungry, builds into a repressed rage. Something must be done! Anything. It is clear that elites have goals which are frequently not embraced by the voting public. Why not, then, operate under a cloak of misdirection, when you absolutely know you're right but can't convince anyone else outside your comfy den, in front of the roaring fire, the tingle of fine single malt on your pallet.

Of course the public doesn't want to send its children to be ground into hamburger in the modern machine of war. Many of us have a kid or two, these very special people we've nurtured, raised, encouraged, sacrificed for, loved. If the kids have managed to evade, avoid, or overcome all the normal peacetime pitfalls of American life--drugs, early pregnancy, car wrecks, suicide, stupid school systems--who would then send them into the carnage, even knowing for certain (and nothing is certain) that no bullet or shrapnel will find them, that they will come home at least physically whole? It would take a threat to all of us so dire that it cannot be ignored. It would take a bigger fear to trump the parental fear, a Pearl Harbor, or planes crashing into the biggest buildings we possess, the visual symbols of the country.

But this is many steps away, way off in the future. The first step down this road is to find an empty suit, a charming, friendly guy, fatherly in all the easy ways, warm, a guy who watches NFL and finds big wordy boring discussions boring, a guy with a twang just like the airline pilots we trust with our lives, and a tousled head, and a little crinkled around the far away blue eyes. This guy might be a pretty nice guy, because he has a lot of money and pretty much lives exactly how he wants to live. He has never looked in the mirror except to comb his hair, and when "those feelings" come up in the deep night, as they do, he has learned to focus, to return to the routine, to "do something constructive" like chopping wood or riding his bike (when he used to go open that bottle of Jack). Life is clean and simple for this nice father-knows-best, and as he doesn't want to be thinking of world strategy, of the vast future before the country, the next 100 years, when oil really does get scarce, when the polar ice caps really do mostly melt away and the world climate destroys whole countries of mostly brown, and very poor folks, well he doesn't have to think about that. Because his job description is: privately of course--he's an electric switch.

That's right. The Empty Suit President of the United States is a simple bipole electric switch: on/off, go/nogo, a 1 or a zero. His "job" is to make the choice, to say "go" or "stop." It is not his job to understand what the hell is this electricity anyway, that surges through him instantly, that can nuke a TV dinner or a city in Japan. And therefore he doesn't even have any responsibility for what the electricity does, where it goes. His job is to be the person who is the decision-maker. And to go out to the people who are affected and stroke them some. The responsibility lies elsewhere, with the men and women who are sitting in their dens in Falls Church, sipping their single malts, watching the fire, enjoying the pretty Christmas tree and the soft snow falling outside their windows while they understand the big problems and work out the big solutions.

But there is now a new problem for the brilliant thinkers. Things have not gone as they planned. The manipulations worked ok, the Empty Suit has done all that was asked of him, and if he becomes petulant on occasion, that was only predictable and the idea was always to keep him occupied and never let him feel responsibility. Some empty suits are easier to distract than others, all have their problems, just different ones. Because this one scores so high in the area of "reformation" (unlike our last President, who distracted himself with whatever he wanted and was therefore not really an empty suit, but perhaps like JFK a too loose cannon, assassinated more or less by a honey trap rather than the old fashioned way), his distractibility is limited. But his job requires things, sometimes, that it was known in advance that he cannot do.

The first empty suit problem was 9/11. That was predictable, and therefore the President was not available to deal with the events. Mr. Bush sat in his school desk, in Florida, which was the absolutely perfect place for him to be. Then he was shuttled around the country while the real thinkers and doers were engaged in the immediate and longer term implications of the event. By the time he was back in Washington, his job had become simply the switch, and the Iraq war had mostly been planned.

But although the handlers and planners were confident that they could create their own realities, it has turned out that they aren't really able to do this. Yes, they can hand pick audiences for our Empty Suit. In such a setting he can respond to questions, give fine speeches, be all he can be. But when he has to go deal with something from the bigger world, the Real World, he cannot cope. This is predictable, was predictable. Katrina, Cindy Sheehan, Harriet Miers, a summit of Hemispheric leaders in Argentina, perhaps today a new and unexpected front in, huh?? Jordan--the world spins away from him, the balls on the table exert a will of their own, the cueball scratches. He can't always have a wire up the back of his coat.

Just as the handlers and planners didn't foresee the particular outcome that is evolving in Iraq, they didn't foresee the downside of the Empty Suit strategy. For what happens when the switch is broken, when there is no one at the top to truly lead. Many of the planners have already slipped silently away, to nice new jobs, to retirement and travel, to bemedaled speaking tours and board memberships and private business interests. Some are now indicted, or wondering if they will be indicted, as the nearly invisible wires turn out to show in just the right light.

It would be nice, wouldn't it, if this new reality we currently face--the rudderless ship of state only one quarter into a new voyage, but with no ability to return to port and start again--could at least prove to be instructive to the planners and shakers, the brilliant thoughtful men and women who see so deeply into the voyage ahead. The temptation of the Empty Suit is to be avoided. Other temptations might in this woeful light be considered as well: the temptation to make taxation into a campaign issue even when it is blatantly contradictory to argue that governing is possible without taxation; the temptation to scapegoat groups of citizens (Jews, blacks, gays, women, illegal immigrants, teens, the elderly, the poor...); the temptation to hypocritically pillory private vice; the temptation of the optional war, the quick shortcut to the elimination of other states and leaders who prove intractable to our desires.

No one knows everything. No group knows everything. It's not that simple. Do you want your pretty daughters, whom you have loved and lectured, who are just young kids who like to party and dance and see through your facade of probity, to get their arms and legs blown off in an optional war grounded in long term theoretical planning concerning pipeline routes and proven energy reserves? Or how about if they come home physically whole but psychologically ruined?

We could all see that George W. Bush was an empty suit. We should also see, and remember, that the people who used him as bait in a deeply important election could also see that he was an empty suit. (These same people, of course, thwarted the true will of the voters in his first election, and seem to have done the same in the second election--yet another example of short term hubris overcoming long-term common sense. It is only the fear in the mainstream media which prevents the public from becoming aware of this. What would happen if we all understood, for a change, just how rudderless we really are right now?) What would happen if we realize that we are actually skating on thin air? The ice was gone long ago.

It may be, of course, that old Plato was right, and that a democracy tends, in its essential nature, towards either anarchy or totalitarianism. Perhaps I am hoping for a philosopher king, a highly unlikely occurrence. It is said that the Roman Senate went on passing laws and proclamations long after the real power lay in the hands of the Emperors, and that these fine senators were able to forget, except in the deep dead of night perhaps, that they were empty suits. Still, there is much in the realm of degrees. If we have another election--one is scheduled for '06--let's hope we have some real people in those fine suits and red ties.

--Bill Hicks

Wednesday, October 12, 2005

Legislating from the Bench

The conservative intellectual class has come up with this phrase, "legislating from the bench," which is supposed to indict supposed trends in the decisions of the US court system, in particular the Supreme Court. Every recent Supreme Court nominee has affirmed that he or she will not "legislate from the bench." Today's great fears from the intellectual right are said to center on this question--since Harriet Miers does not have any quotable past, would she "legislate from the bench" or not? The intellectual right (IR) grounds their objections to Miers on argument, not on power. Meanwhile the Christian right (XR) seems to be fine with Miers. Dobson says he "knows" but can't tell why he knows--she's ok, she's "one of us."

I find the current incoherence depressing and in the interest of my own mental health I want to try to untangle some of this. When I crack open a beer and watch the baseball game tonight, I don't want to be "self medicating," but just relaxing. Let's start with the central mantra, "legislating from the bench."

This means nothing. Here's how you can tell. Ask any IR if they accept Brown V. Board of Education. Surely Brown is legislating from the bench. There were clear precedents supporting segregated schools, stretching back nearly to the Civil War (before which time there were basically no schools for black people). The Warren Court considered, as one of its main supporting arguments, a theory propounded in the social sciences that a segregated system of schools was inherently unequal because there was a judgmental implication in the system which the students could themselves infer, to their detriment. Moreover, it was almost impossible, the Court argued, to achieve true equality. But the fact was, all the legislative bodies of the day were just fine with segregated schools and with the segregated lives that went with them. This was true not only of the states, but also of Congress. Yet with this one judgment, vast changes eventually occurred all over the country, in nearly every nook and cranny. It was ten years and a presidential assassination before Congress began to catch up with Brown, and as far as justice was concerned, Brown was already way too late.

Now there aren't too many IRs who will come out and say that yes, Brown was legislating from the bench, although judging by some of the other things various IRs say, they may well believe Brown was indeed legislating from the bench. But this verboten belief has now become politically the same as the view that black people and white people are, indeed, not equal. This view is not unanimously held by IRs, but it is held by some--it is held by William Bennett, as shown by his recent "thought experiment" wherein he maintains that aborting all black babies would indeed reduce the crime rate, but would be wrong because abortion is wrong. The rascism in Bennett's "experiment" lies is predicting the future of individual citizens on the basis of their race, and he has not rejected that prediction as undemocratic, but rather simply rejects the idea of aborting anyone because "abortion is wrong." And once you get out of the intellectual circles, well then of course, out there in the Republican "base," you have events, things like the recent Gretna, LA bridge blocking incident, where law enforcement officials fired over the heads of some 800 people trying to escape New Orleans after Katrina and the flood. Far as I know, none of those officers of the law are spending any time explaining their actions. Officers of the law come pretty close to the law itself. (That "Brownie," he was doin' a fine old job.)

Nonetheless, most IRs probably do not believe that Brown V. is wrong, or at least would never assert such a belief in mixed company. Therefore, the mantra, "no legislating from the bench," is incoherent. Like most folks--including the members of the Warren Court, the Berger Court, the Rehnquist Court, and now the Roberts Court--IRs actually believe (at least politically) that it depends on the issue at hand. Already some incoherence is dissapating. It feels as good as a good fart, doesn't it?

Let's keep at it. One of the problems with the IR approach to nominating Supreme Court Justices is that they mouth yet another mantra--"there is no litmus test"--but also expect that any nominee be committed to turning back particular crucial rulings of the past Court, in particular Roe V. Wade. But the IRs are committed (politically) to the basic view that in the United States, a citizen is a citizen. Of course some of the IR community, some strains of "originalist" theorists, for example, surely do not subscribe to the one citizen definition. After all, the United States Constitution, as written by the Framers in the early years of the country, did not assert a one citizen definition at all. There are a whole range of citizens defined in the Constitution. There are the sin qua nons of citizenship, the property-owning white males. These citizens get all the rights and duties of citizens, including the right to vote for representatives. But there are plenty of other sort of citizens of the US who don't get the vote: particularly women and black people. Indeed, historically black people got the vote well before women did. (And isn't it odd that our more recent Court history mirrors that same chronology. First comes Brown, which emancipates black people at the practical level of public education and public facilities generally. Then comes Roe, which emancipates women from the oppression of their bodily difference from men--namely the fact that only women can bear children.)

When it comes to the Christian Right's views on Supreme Court nominees, things are at least simpler. XR spokesmen have pretty much fallen in line with the Supreme Commander, the great white father George W. Bush. Miers is fine because George has spoken. Moreover, when it comes down to Roe, XRs (male and female) pretty much still agree with the Framers: women really shouldn't be voting at all, at least not if they're single entities standing alone in the voting booth. Marriage, for XRs, does what it has always done. It confers status on the wife, it legitimizes the child. A married man gets two votes; his wife gets to pull the lever for him. It is no accident that a child without a "legal" father is in some ways illegal, nameless, a "bastard." It is no accident that the problem, for XRs, is "unwed mothers." Power for XRs flows from the father god to the father president to the father husband. If George says Miers will never change her mind over the next 25 years--a truely amazing statement by the way, and one which would in general be deeply disqualifying if true about Miers--well then George has spoken. It may even be, if Miers' fealty to George is as deep as is being asserted, that his simple assertion of this characteristic in Miers will make it true. That's loyalty. In the XR universe, a grown woman is properly a wife and mother, and votes as her husband tells her to. Her status is akin to property. If a woman doesn't get married and pregnant in her 20s there's hardly a place for her at all--she's just some human junk, an old maid, a spinster, a little old lady in tennis shoes, an unwed mother.

Or a Supreme Court Justice, you may say--since Ms Miers is unwed and childless. But Miers, like Ms Rice, has attached her star to a very powerful man, hasn't she? Bush's guarantee amounts to this: she will vote my way, forever. In the XR world as it would be, she's otherwise not qualified to vote, and one of these days, after the XRs finish up with Roe and the same sex marriage thing, well they might just get back around to woman's sufferage, which is, in fact, the deepest basis for Roe and the same sex marriage thing anyway. Granted, psychology gets ahead of legal argument here to some degree, but would Delay (a fine XR) have intervened in the case of the sad demise of Mr. Schiavo? I doubt it. For XRs, it all goes back to the Genesis Rib myth.

If it's not about the mantra of legislating from the bench, it's about power. That's not incoherent, it's just wrong. If anything is true about America, it is that we have one kind of citizen. We of course accept that money does matter, and that some few monied citizens (members of the Bush clan for example, and of the Kennedy clan, for another) actually do have a lot more practical power in some ways than do others of us, the working stiffs, the employees, the folks trying to run a little business, the women, the various minorities, the children, the old. But we don't want to codify this financial power difference into the basic body politic. That's why the Constitution has changed since those simple days of 1789. If we did, it would still be true that only propertied white men would be voting. No doubt some of the IRs, and even more of the XRs, wish this were still true. But this is something they only whisper to each other in the dead of night. It is probably because of this secret whisper that we have public incoherence. As usual, the media does nothing to help. Instead, the mantras are chanted until, like the catechism, they become meaningless, magical gibberish, and the public, confused and vaguely annoyed, turns to the NFL and cracks another beer.

Here's the truth. The Supreme Court must deal with the issues that come to it, case by case. One of the things the Court must look at is precedent. This is the wisdom of previous decisions, previous courts. Another is the US Constitution. There are no magic words, and nothing is as clear as glass. This is why an approach to truth is built on argument. A good Justice must therefore have an open, agile mind. The only fundamental truth is, "All men (that is, people) are created equal." The muddled and incoherent discussion of important matters, including Supreme Court nominees, which is the talisman of the current political climate of ideas, derives from the attempt by the Conservative side of the body politic, both in its rationalist intellectual wing and its dogmatic "born again" wing, to mask its fundamentally undemocratic beliefs behind shibboleths which sound reasonable to most people, and which buttress common sense notions which the Court has through the years found against.

Nonetheless, the feeling of incoherence you have, as a listener, is a symptom. To quote Jimmy Dale, "your mind has a mind of its own." Give it a listen

--Bill Hicks